Constitutional Developments in British India (1773 to 1935)

The constitutional developments under British rule (from the Regulating Act of 1773 to the Government of India Act of 1935) show how the British slowly changed the East India Company's trading post into an organised state with councils, courts and a legal framework. Many features of the Indian Constitution, such as the federal system, the Federal Court, the Public Service Commission and provincial autonomy, have their roots in these Acts. For UPSC, you must remember the year, the main provisions and the Governor-General or Viceroy of each Act, because factual questions come regularly in Prelims, and Mains asks for their significance.

Phase 1: Company Rule and Control by Parliament (1773 to 1858)

Regulating Act, 1773

This was the first attempt by the British Parliament to control the Company. The Governor of Bengal became the Governor-General of Bengal (Warren Hastings was the first), helped by an Executive Council of four members. A Supreme Court was set up at Calcutta in 1774. The Governors of Bombay and Madras became subordinate to the Governor-General of Bengal. Company servants were not allowed to take private trade or accept gifts. The Act was a good start, but it was weak, because the Governor-General could be outvoted in his own council.

Pitt's India Act, 1784

This Act created a system of dual control: the Board of Control (appointed by the Crown) supervised the political affairs, while the Court of Directors handled the Company's commercial matters. The Governor-General's council was reduced to three members. The Company's territories were called "British possessions in India", showing that the British Crown was now involved in Indian government.

Charter Acts of 1793, 1813, 1833 and 1853

• Charter Act, 1793: renewed the Company's trade monopoly for twenty years.
• Charter Act, 1813: ended the Company's trade monopoly in India (except for tea and the China trade), asserted the sovereignty of the Crown over Indian territories, allowed Christian missionaries and set aside Rs 1 lakh every year for education.
• Charter Act, 1833: made the Governor-General of Bengal the Governor-General of India (Lord William Bentinck was the first), gave the Governor-General's council all legislative powers for the country, ended the Company's commercial functions and added a Law Member (T. B. Macaulay was the first). It also declared that no Indian should be barred from office because of religion or birth.
• Charter Act, 1853: separated the legislative and executive work of the council by creating a separate Legislative Council and introduced open competition for the Indian Civil Service.

Phase 2: Crown Rule and Gradual Reforms (1858 to 1919)

Government of India Act, 1858

After the Revolt of 1857, this Act ended the Company's rule and transferred power to the British Crown. The post of Secretary of State for India was created, assisted by the Council of India of 15 members. The Governor-General was given the new title of Viceroy (Lord Canning was the first Viceroy).

Indian Councils Act, 1861

This Act started the process of representation. It allowed the Viceroy to nominate some Indians as non-official members of the Legislative Council, introduced the portfolio system (Lord Canning), gave the Viceroy the power to issue ordinances in an emergency and restored the legislative powers of Bombay and Madras, thus starting decentralisation.

Indian Councils Act, 1892

This Act increased the number of non-official members in the central and provincial councils and gave members the right to discuss the budget and ask questions (but not to vote). It accepted the principle of indirect election, since some members were nominated on the recommendation of local bodies. It was a small step, but the Congress welcomed it as a beginning.

Morley-Minto Reforms (Indian Councils Act, 1909)

Named after the Secretary of State Lord Morley and the Viceroy Lord Minto, this Act increased the size of the councils, allowed elected non-official members to outnumber officials in provincial councils and permitted members to move resolutions on the budget. Its most controversial feature was the introduction of separate electorates for Muslims, which planted the seeds of communal politics. An Indian, Satyendra Prasad Sinha, was appointed to the Viceroy's Executive Council for the first time.

Montagu-Chelmsford Reforms (Government of India Act, 1919)

After the Montagu Declaration of August 1917 promised "responsible government" by gradual steps, the 1919 Act introduced dyarchy in the provinces. Provincial subjects were split into two lists. Transferred subjects (education, health, local government and agriculture) were handled by elected Indian ministers, while reserved subjects (law and order, finance and justice) remained under the Governor and his executive council. At the Centre, a bicameral legislature was set up: the Council of State (upper house) and the Legislative Assembly (lower house). Separate electorates were extended to Sikhs, Indian Christians, Anglo-Indians and Europeans, but the right to vote was limited by property. The Act also provided for a Public Service Commission (set up in 1926) and a High Commissioner for India in London. Dyarchy was criticised as unworkable because the elected ministers had little control over money and officials.

Phase 3: Towards Self-Government (1927 to 1935)

The all-white Simon Commission (1927) was boycotted by the Congress. The Nehru Report (1928) was an Indian attempt at drafting a constitution. Three Round Table Conferences were held in London (1930, 1931 and 1932) to discuss further reforms, and a White Paper in 1933 formed the basis of the Government of India Act, 1935.

Government of India Act, 1935

This was the longest and most detailed constitutional document so far and became a major source for the Indian Constitution. Its main features were:

• All-India Federation of British provinces and princely states (it never came into being because the princely states refused to join).
• Provincial autonomy: dyarchy was removed from the provinces and the provincial governments got real powers, though the Governor kept special powers.
• Dyarchy at the Centre was proposed, with subjects like defence and foreign affairs reserved for the Governor-General.
• Three lists: Federal List, Provincial List and Concurrent List, with residuary powers given to the Governor-General.
• Federal Court (set up in 1937), Federal and Provincial Public Service Commissions and the Reserve Bank of India (established in 1935).
• Bicameralism in six provinces, separate electorates extended to depressed classes, women and labour, and about 10 percent of the population got the vote.
• Separation of Burma from India (1937) and creation of Sindh and Orissa as separate provinces.

Jawaharlal Nehru described the Act as a "charter of slavery", and Jinnah called it "thoroughly rotten", but the provincial part was implemented, and the Congress formed ministries in most provinces after the 1937 elections.

Acts at a Glance

Mains Angle: Significance for the Indian Constitution

You can show that these Acts built the basic structure of Indian governance: a parliamentary and federal pattern, an independent judiciary, a civil service chosen by merit, a central bank and a division of powers between the Centre and the provinces. At the same time, mention the negative legacy, such as separate electorates, which later increased communal divisions. Many provisions of the 1935 Act, including the three lists, the Governor's office and emergency powers, were adopted in the Constitution of independent India.

Practice Statements and Common Mistakes

• "Dyarchy was introduced in the provinces by the Act of 1919." Correct.
• "The Act of 1935 established the Reserve Bank of India." Not exactly: it provided for it, and the RBI began in 1935 under the RBI Act of 1934.
• "The Charter Act of 1833 made Bentinck the first Governor-General of India." Correct.
• Do not mix up the Act of 1858 (Crown rule) with the Indian Councils Act of 1861 (Indian nominees).

Quick Revision

• 1773 Regulating; 1784 Pitt's; 1813 trade monopoly ends; 1833 Governor-General of India; 1853 open ICS exam.
• 1858 Crown rule; 1861 and 1892 Councils Acts; 1909 separate electorates; 1919 dyarchy; 1935 federation.

The constitutional history of British India is a story of slow steps from control to representation. Learn the Acts in a table, remember one feature for each and practise a Mains answer on how the 1935 Act shaped the Indian Constitution.

Related Notes to Read Next

Continue your preparation with these related notes from the same subject:

• Governor-Generals and Viceroys of India Notes for UPSC
• Revolutionary Nationalism and Subhas Chandra Bose INA Notes
• Land Revenue Systems and Economic Impact of British Rule Notes
• All Modern Indian History notes

Frequently Asked Questions (FAQ)

What was the Regulating Act of 1773?

The Regulating Act of 1773 was the first law by which the British Parliament controlled the East India Company. It created the post of Governor-General of Bengal and a Supreme Court at Calcutta.

What was Pitt’s India Act of 1784?

Pitt’s India Act of 1784 created a system of dual control, with the Board of Control managing political matters and the Court of Directors handling trade.

What was the importance of the Charter Act of 1833?

It made the Governor-General of Bengal the Governor-General of India, centralised legislative power and ended the Company’s commercial activities. It also added a Law Member in the council.

What was the Charter Act of 1853?

It separated the legislative functions of the Governor-General’s council from the executive and introduced open competition for the Indian Civil Service.

What did the Government of India Act 1858 do?

It ended the Company’s rule, transferred the government of India to the British Crown, created the Secretary of State for India and gave the Governor-General the title of Viceroy.

What was the Indian Councils Act of 1861?

It started the participation of Indians in legislation by nominating non-official members, introduced the portfolio system and gave the Viceroy power to issue ordinances.

What were the Morley-Minto Reforms?

The Indian Councils Act of 1909 increased council sizes, allowed more elected members and introduced separate electorates for Muslims. An Indian was also appointed to the Viceroy’s council.

What is dyarchy?

Dyarchy is a system of double government introduced in the provinces by the Act of 1919, in which some subjects were transferred to elected ministers and others were reserved for the Governor.

What were the main features of the Government of India Act 1935?

Main features were provincial autonomy, a proposed All-India Federation, three legislative lists, a Federal Court, public service commissions and separate electorates for more groups.

Why was the All-India Federation of 1935 not formed?

The federation could start only after enough princely states agreed to join. As many princes refused, it never came into existence.

How did the Government of India Act 1935 influence the Constitution of India?

Its provisions on federal structure, three lists of powers, the Governor’s office, public service commissions, the Federal Court and emergency powers were largely adopted in the Indian Constitution.

Who was the first Law Member of the Governor-General’s council?

Thomas Babington Macaulay was the first Law Member of the Governor-General’s council after the Charter Act of 1833.